BILL NUMBER: SB 186	CHAPTERED  07/22/99

	CHAPTER   140
	FILED WITH SECRETARY OF STATE   JULY 22, 1999
	APPROVED BY GOVERNOR   JULY 21, 1999
	PASSED THE SENATE   JULY 12, 1999
	PASSED THE ASSEMBLY   JUNE 28, 1999
	AMENDED IN ASSEMBLY   JUNE 17, 1999
	AMENDED IN SENATE   MARCH 8, 1999

INTRODUCED BY   Senator Costa

                        JANUARY 14, 1999

   An act to amend Sections 21115, 21115.1, and 24607 of, to add
Sections 385.5, 4023, and 11713.10 to, and to add Article 5
(commencing with Section 21250) to Chapter 1 of Division 11 of, the
Vehicle Code, relating to low-speed vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 186, Costa.  Low-speed vehicles.
   (1) Under existing law, no person may drive, move, or leave
standing upon a highway, or in an offstreet public parking facility
any motor vehicle unless it is registered and the appropriate fees
have been paid under the Vehicle Code, except as specified.
   This bill would add to those exceptions a low-speed vehicle, as
defined.
   (2) Under existing law, the Vehicle Code sets forth provisions
governing manufacturers, transporters, dealers, and salespersons of
vehicles.
   This bill would revise these provisions to make it unlawful and a
violation of the Vehicle Code for these persons to sell a low-speed
vehicle without disclosing to the buyer the vehicle's maximum speed
and the potential risks of driving a low-speed vehicle.  Thus, the
bill would create a new crime, thereby imposing a state-mandated
local program.
   (3) Existing law authorizes local authorities to permit golf carts
to be used on highways adjacent to a golf course and in real estate
developments, as specified.
   This bill, for these purposes, would specify that a "golf cart"
includes a low-speed vehicle.
   (4) Existing law governs the operation of motor vehicles, but does
not include provisions specifically governing the operation of
low-speed vehicles.
   This bill would specify that a low-speed vehicle is subject to all
the provisions applicable to a motor vehicle, and that the driver of
a low-speed vehicle is subject to all the provisions applicable to
the driver of a motor vehicle or other vehicle, when applicable, by
the Vehicle Code or any other code, with the exception of those
provisions which, by their very nature, can have no application.  The
bill would make other related changes.  In addition, the bill would
prohibit the operator of a low-speed vehicle from operating the
vehicle on any roadway with a speed limit in excess of 35 miles per
hour, except as provided.  Because a violation of  these provisions
would be a crime, the bill would impose a state-mandated local
program.
   (5) Existing law requires (a) every vehicle that is subject to
registration under the Vehicle Code to be equipped at all times with
at least one reflector so maintained as to be plainly visible at
night from all distances within 350 feet to 100 feet from the vehicle
when directly in front of the lawful upper headlamp beams, and (b)
every vehicle, other than a motorcycle, that is manufactured and
first registered on or after January 1, 1965, under the Vehicle Code,
to be equipped at all times, with at least 2 reflectors that are
plainly visible at night from all distances specified in (a).
   This bill would exempt low-speed vehicles from the provisions
specified in (b) above.
  (6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 385.5 is added to the Vehicle Code, to read:
   385.5.  A "low-speed vehicle" is a motor vehicle, other than a
motor truck, having four wheels on the ground and an unladen weight
of 1,800 pounds or less, that is capable of propelling itself at a
minimum speed of 20 miles per hour and a maximum speed of 25 miles
per hour, on a paved level surface.  For the purposes of this
section, a "low-speed vehicle" is not a golf cart, except when
operated pursuant to Section 21115 or 21115.1.
  SEC. 2.  Section 4023 is added to the Vehicle Code, to read:
   4023.  A low-speed vehicle operated pursuant to Section 21115 or
21115.1 is exempt from registration.
  SEC. 3.  Section 11713.10 is added to the Vehicle Code, to read:
   11713.10.  It is unlawful and a violation of this code to sell a
low-speed vehicle, as defined in Section 385.5, without disclosing to
the buyer the vehicle's maximum speed and the potential risks of
driving a low-speed vehicle.
  SEC. 4.  Section 21115 of the Vehicle Code is amended to read:
   21115.  (a) If a local authority finds that a highway under its
jurisdiction is located adjacent to, or provides access to, a golf
course and between the golf course and the place where golf carts are
parked or stored or is within or bounded by a real estate
development offering golf facilities and is designed and constructed,
so as to safely permit the use of regular vehicular traffic and also
the driving of golf carts on the highway, the local authority may,
by resolution or ordinance, designate the highway or portion of the
highway for combined use and prescribe rules and regulations that
shall have the force of law.  No highway shall be so designated for a
distance of more than one mile from the golf course if the highway
is not located within a development or beyond the area of a
development, provided, the finding of the local authority in this
respect shall be conclusive.  Upon the designation becoming effective
it shall be lawful to drive golf carts upon the highway in
accordance with the prescribed rules and regulations.  The rules and
regulations may establish crossing zones and speed limits and other
operating standards but shall not require that the golf carts conform
to any requirements of this code with respect to registration,
licensing, or equipment, except that if operated during darkness the
golf cart shall be subject to the provisions of Section 24001.5
regarding equipment.
   The rules and regulations shall not be effective until appropriate
signs giving notice thereof are posted along the highway affected.
   A "real estate development offering golf facilities," for purposes
of this section, means an area of single-family or multiple-family
residences, the owners or occupants of which are eligible for
membership in, or the use of, one or more golf courses within the
development by virtue of their ownership or occupancy of a
residential dwelling unit in the development.
   (b) For purposes of this section, a "golf cart" includes a
low-speed vehicle.
  SEC. 5.  Section 21115.1 of the Vehicle Code is amended to read:
   21115.1.  (a) Notwithstanding Section 21115, a local authority
may, by ordinance or resolution, establish crossing zones, for use by
golf carts at any time other than during darkness, on any street,
other than a state highway, that has a posted speed limit of 45 miles
per hour or less and that is immediately adjacent to a golf course.
The crossing zones shall be at an angle of approximately 90 degrees
to the direction of the roadway.  The ordinance or resolution shall
not become effective until submitted to the law enforcement agency
having primary jurisdiction over the street, the law enforcement
agency finds and determines that the conditions pertaining to that
street, with the addition of proper signs, markers, or lighting, or
any combination of those, will permit the establishment of a golf
cart crossing with reasonable safety, and the signs, markers, or
lighting specified by the law enforcement agency are in place.
   (b) Subdivision (a) does not constitute precedent for the
operation of golf carts on any street or highway other than in a
crossing zone established pursuant to subdivision (a).
   (c) For purposes of this section, a "golf cart" includes a
low-speed vehicle.
  SEC. 6.  Article 5 (commencing with Section 21250) is added to
Chapter 1 of Division 11 of the Vehicle Code, to read:

      Article 5.  Operation of Low-Speed Vehicles

   21250.  For the purposes of this article, a low-speed vehicle
means a vehicle as defined in Section 385.5.
   21251.  Except as provided in Sections 4023, 21115, and 21115.1, a
low-speed vehicle is subject to all the provisions applicable to a
motor vehicle, and the driver of a low-speed vehicle is subject to
all the provisions applicable to the driver of a motor vehicle or
other vehicle, when applicable, by this code or any other code, with
the exception of those provisions which, by their very nature, can
have no application.
   21252.  A vehicle dealer, selling a low-speed vehicle, shall
provide to the buyer a disclosure statement regarding the operation
of the vehicle that is in compliance with existing provisions of the
California Code of Regulations.
   21253.  A low-speed vehicle operated or parked on the roadway
shall at all times meet federal Motor Vehicle Safety Standards
established for low-speed vehicles in Section 571.500 of Title 49 of
the Code of Federal Regulations.
   21254.  A motor vehicle that was originally designated as a
low-speed vehicle and that has been modified or altered to exceed 25
miles per hour shall not qualify for the relaxed federal Motor
Vehicle Safety Standards established for low-speed vehicles and
instead shall meet all federal Motor Vehicle Safety Standards for a
passenger vehicle.
   21260.  (a) Except as provided in paragraph (1) of subdivision
(b), the operator of a low-speed vehicle shall not operate the
vehicle on any roadway with a speed limit in excess of 35 miles per
hour.
   (b) (1) The operator of a low-speed vehicle may cross a roadway
with a speed limit in excess of 35 miles per hour if the crossing
begins and ends on a roadway with a speed limit of 35 miles per hour
or less and occurs at an intersection of approximately 90 degrees.
   (2) Notwithstanding paragraph (1), the operator of a low-speed
vehicle shall not traverse an uncontrolled intersection with any
state highway unless that intersection has been approved and
authorized by the agency having primary traffic enforcement
responsibilities for that crossing by a low-speed vehicle.
   21266.  (a) Notwithstanding Section 21260, local authorities, by
ordinance or resolution, may restrict or prohibit the use of
low-speed vehicles.
   (b) Notwithstanding Section 21260, a local law enforcement agency
with primary traffic enforcement responsibilities or the Department
of the California Highway Patrol may prohibit the operation of a
low-speed vehicle on any roadway under that agency's or department's
jurisdiction when the agency or the department deems the prohibition
to be in the best interest of public safety.  Any such prohibition
shall become effective when appropriate signs giving notice thereof
are erected upon the roadway.
  SEC. 7.  Section 24607 of the Vehicle Code is amended to read:
   24607.  Every vehicle subject to registration under this code
shall at all times be equipped with red reflectors mounted on the
rear as follows:
   (a) Every vehicle shall be equipped with at least one reflector so
maintained as to be plainly visible at night from all distances
within 350 to 100 feet from the vehicle when directly in front of the
lawful upper headlamp beams.
   (b) Every vehicle, other than a motorcycle or a low-speed vehicle,
manufactured and first registered on or after January 1, 1965, shall
be equipped with at least two reflectors meeting the visibility
requirements of subdivision (a), except that trailers and
semitrailers manufactured after July 23, 1973,  that are less than 30
inches wide, may be equipped with one reflector which shall be
mounted at or near the vertical centerline of the trailer.  If the
vehicle is equipped with two reflectors, they shall be mounted as
specified in subdivision (d).
   (c) Every motortruck having an unladen weight of more than 5,000
pounds, every trailer coach, every camp trailer, every vehicle, or
vehicle at the end of a combination of vehicles, subject to
subdivision (a) of Section 22406, and every vehicle 80 or more inches
in width manufactured on or after January 1, 1969, shall be equipped
with at least two reflectors maintained so as to be plainly visible
at night from all distances within 600 feet to 100 feet from the
vehicle when directly in front of lawful upper headlamp beams.
   (d) When more than one reflector is required, at least one shall
be mounted at the left side and one at the right side, respectively,
at the same level.  Required reflectors shall be mounted not lower
than 15 inches nor higher than 60 inches, except that a tow truck, in
addition to being equipped with the required reflectors, may also be
equipped with two reflectors which may be mounted not lower than 15
inches nor higher than the maximum allowable vehicle height and as
far forward as the rearmost portion of the driver's seat in the
rearmost position.  Additional reflectors of a type meeting
requirements established by the department may be mounted at any
height.
   (e) Reflectors on truck tractors may be mounted on the rear of the
cab.  Any reflector installed on a vehicle as part of its original
equipment prior to January 1, 1941, need not meet the requirements of
the department provided it meets the visibility requirements of
subdivision (a).
   (f) Area reflectorizing material may be used in lieu of the
reflectors required or permitted in subdivisions (a), (b), (c), (d),
and (e), provided each installation is of sufficient size to meet the
photometric requirement for those reflectors.
  SEC. 8.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
